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TMI Blog2014 (3) TMI 879X X X X Extracts X X X X X X X X Extracts X X X X ..... h the respondents had already reversed was upheld - Held that:- no infirmity can be found in the order of the Commissioner (Appeals). However, as regards the contention of the Revenue is that admittedly CENVAT credit of Rs.5,52,226/- stands denied to the respondents, who have also not challenged the same, penalty to the extent of 100% should have been imposed. As such, the prayer to enhance the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue has filed the present appeal. I have heard Shri RK Mishra, Ld. Departmental Representative appearing for Revenue and Shri Sanjay Malhotra, Ld. Consultant, appearing for the respondents. 2. As per facts on record, respondents are engaged in the manufacture of paper and chemicals, etc. and are availing the benefit of CENVAT credit of service tax paid on various services. They were issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... surance services covering plant and machinery, etc. 3. The said proposals were confirmed by the original adjudicating authority. However, on appeal, Commissioner (Appeals) held that the respondents would be entitled to the credit of commission of Rs.1,34,551/- paid to the sole selling agents, where the paper was excisable. However, demand of Rs.5,52,226/-, which the respondents had already reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... service tax paid on the insurance services, I find that the issue is no more res integra and stands settled by the Tribunal in the case of C.C.E. Vs. India Cements Ltd. 2011-TIOL-681-CESTAT-MAD laying down that insuring plant and machinery to safeguard against interruption/destruction/break-down and to cover loss of profit due to stoppage of work is covered by the definition of input services as a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s much as the issue involved is of legal interpretation, no mala fide can be attributed to the respondents so as to impose 100% penalty upon them. In my views, even imposition of penalty of Rs.10,000/- is not called for, but in as much as the respondents have not challenged the said order, by way of filing a separate appeal, the same cannot be set aside. 8. In view of the above, Revenue's a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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